Organising Middle Earth? Collective Bargaining and Film Production Workers in New Zealand

New Zealand Universities Law Review, Vol. 26, No. 1, pp. 104-131, 2014

Sydney Law School Research Paper No. 16/79

29 Pages Posted: 20 Sep 2016

See all articles by Shae McCrystal

Shae McCrystal

The University of Sydney Law School

Date Written: September 14, 2016

Abstract

In 2010 the NZ Parliament passed an amendment to the Employment Relations Act 2000 (NZ) (ER Act) which purports to exclude a whole class of workers from the definition of ‘employee’ in s 6 of the Act. The effect of the amendment in practice is to deny workers who fall within the exemption (film industry workers) access to the schema of industrial regulation under the Act including regulated collective bargaining. But does this mean that those workers cannot engage in any form of collective bargaining?

This issue was hotly contested during the dispute that led to the exclusion of actors from the coverage of the ER Act. This paper will explore the extent to which independent contractor workers in NZ may act collectively in the determination of the terms and conditions of their engagements in light of NZ competition law. The paper will adopt a comparative perspective, considering the parallel problems caused by this issue in Australia and considering similarities and differences in the two regimes.

Keywords: Collective Bargaining, Independent Contractors, Hobbit Dispute, Anti-Competitive Conduct, Authorisations, ACCC, Commerce Commission, Collaborative Activities

JEL Classification: K10, K30, K31

Suggested Citation

McCrystal, Shae, Organising Middle Earth? Collective Bargaining and Film Production Workers in New Zealand (September 14, 2016). New Zealand Universities Law Review, Vol. 26, No. 1, pp. 104-131, 2014; Sydney Law School Research Paper No. 16/79. Available at SSRN: https://ssrn.com/abstract=2839047

Shae McCrystal (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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